https://www.taxtmi.com/caselaws?id=290898 Revocation of probate under Section 263 of the Indian Succession Act requires a substantiated just cause, such as a defect in substance or fraudulent procurement. On the facts, failure to issue citation at the place where immovable property was situated was not treated as a substantive defect because the concerned parties had lived together, no prejudice was shown, and the Will remained unchallenged for decades. Allegations of fraud and undue influence failed for want of specific pleadings and proof. The application was also held barred by Article 137 of the Limitation Act, as the three-year period ran from accrual of the right to apply and the petition was filed long thereafter. en-us Wed, 08 Nov 2017 00:00:00 +0530 Wed, 21 Oct 2020 09:29:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290898 Revocation of probate under Section 263 of the Indian Succession Act requires a substantiated just cause, such as a defect in substance or fraudulent procurement. On the facts, failure to issue citation at the place where immovable property was situated was not treated as a substantive defect because the concerned parties had lived together, no prejudice was shown, and the Will remained unchallenged for decades. Allegations of fraud and undue influence failed for want of specific pleadings and proof. The application was also held barred by Article 137 of the Limitation Act, as the three-year period ran from accrual of the right to apply and the petition was filed long thereafter. Case-Laws Indian Laws Wed, 08 Nov 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290898